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Miller Trust & Income-Only Trust Attorney in Gilbert, AZ

Medicaid/ALTCS applicants are often over income. One solution is a Miller Trust also called an Income Only Trust. Preparing these trusts can be complicated.  Our experienced Gilbert Miller Trust attorneys can assist in the process to ensure the Miller Trust or Income Only Trust is Arizona and Medicaid/ALTCS compliant.

What Is a Miller Trust in Arizona?

A Miller Trust is a common method used to redirect income (such as social security or retirement income) when applying for Medicaid/ALTCS.  Many applicants are initially denied because their income exceeds the monthly income limit. By redirecting funds into a Miller Trust, Medicaid/ALTCS does not consider these funds as disqualifying income. Establishing a Miller Trust allows the applicant to keep the income and still receive Medicaid/ALTCS benefits. A Miller Trust does not however, assist when an applicant has assets over the allowable limits. Other planning strategies can be utilized to assist an applicant that is over the asset limit.

How Does an Arizona Qualified Income Trust Work?

A Miller Trust is used when a Medicaid/ALTCS applicant has too much monthly income to be eligible for benefits. Once the Miller Income Trust is created, some or all of the applicant’s income will deposited into the Miller Trust.  A new bank account titled in the Trust’s name will need to be opened and the income will be deposited into the new trust bank account. A trustee must be appointed to administer the trust income. This income can be used for some of the applicant’s monthly expenses. It is important to note, that the state is named as the beneficiary of the trust. Meaning that upon the death of the applicant any funds remaining in the trust bank account will be paid to AHCCCS to reimburse AHCCCS for the cost of ALTCS services.

Who Could Benefit from a Medicaid Income-Only Trust in Arizona?

Miller Trusts or Income Only Trusts can benefit anyone looking to apply for Medicaid/ALTCS but receives more income than is allowable.  When a Medicaid compliant trust is used correctly, this income will not make the applicant ineligible to receive benefits.  This income can then be used on some of the applicant’s monthly expenses.

Contact a Phoenix Qualified Income Trust Law Firm Today!

Our Firm can help with creating these income trusts as well as assist with the entire ALTCS/Medicaid Application process anywhere in Arizona. Contact an attorney at Law Offices of Brandon White by calling 602-237-6772 to learn how we can help you with your Income Only Trust and ALTCS application today.

Income Criteria for a Miller Trust in Phoenix

To be eligible for ALTCS benefits a single person can have a maximum income of $2,523 per month. If the applicant’s income exceeds $2,523 a Miller Trust or Income Only Trust is required for eligibility. For married couples, an average of the two incomes is used for eligibility, and a miller trust can still be used.

Some income sources are excluded such as VA Aid and Attendance, VA reduced pension, Vocational rehabilitation, Income Tax Refunds, Specific Types of Annuity Payments, Agent Orange Payments.

Gross Monthly Income Limits in 2022
Single Married
$2,525.00 $5,046.00

What Expenses Can Be Paid from a Miller Trust in Gilbert, AZ?

Miller Trust funds often are used to pay for what is known as share of cost. In some cases, ALTCS benefits will not cover the entire cost of long-term care. The applicant can use Miller Trust funds to pay for the remaining expense. The funds can also be used for a Personal Needs Allowance to pay for additional living costs. In some cases, if the applicant is married the funds can be paid towards the community spouse allowance. This is called Minimum Monthly Maintenance Needs Allowance. Currently, the minimum income that a community spouse can receive is set at $2,289.50 and the maximum is $3,435.

Who Can Establish an Income-Only Trust or Miller Trust in Arizona?

Anyone that is eligible for Medicaid/ALTCS can create a Miller Trust. If an applicant is either physically or mentally disabled, a previously made financial power of attorney can create the Miller Trust. If a financial power of attorney has not been created, it may be necessary to obtain a court order in a proceeding known as conservatorship. An exception to conservatorship or power of attorney, is that a spouse may create a Miller Trust without either of these in place.

It's important to remember, these Miller Trusts must be drafted correctly in order to past muster when ALTCS/AHCCCS reviews it when the application is filed.

How the Law Offices of Brandon White Can Help with Miller Trusts in AZ?

Our experienced and compassionate team at the Law Offices of Brandon White in Gilbert is passionate about providing knowledge and assistance to you and your family.  Our law firm has a team of professionals to provide peace of mind and understating to every unique situation including how to navigate the ALTCS Application Process.

We Are Here to Help You

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Our Gilbert, AZ Miller Trust Attorneys

Contact Gilbert estate planning attorneys Brandon White and Matt K Palfreyman to help you with you Miller Trust today at 602-237-6772.

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Talk to an Experienced Medicaid Miller Trust Lawyer in Gilbert Today!

Protect your loved ones’ future by contacting The Law Offices of Brandon White, P.C.

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